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11 17 14 Clerk's Skeleton Notes and Meeting CallsTO: Trish L. Gleason, Assistant City Clerk You are hereby directed to call a regular session of the City Council to be held on Monday, November 17, 2014 at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. Consent Items: Pgs. 1-3 oy D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on November 17, 2014 in the Historic Federal Building, 350 W. 6th Street. ✓ -,-- Present: Present: Mayor Buol; Council Members Braig Connors, Jones, Lynch, Resnick, Sujn; City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE 1 Yays Nays i/l3raig uol 1/Connors Vd'ones f i/Cynch ("Resnick ,/Sutton CONSENT ITEMS ,Put 1. Minutes and Reports Submitted City Council proceedings of 11/3; Five Flags Center Commission of 10/27; Historic Preservation Commission of 10/16; Library Board of Trustees Update of 10/20; Zoning Advisory Commission of 11/05; Zoning Board of Adjustment of 10/23; Proof of Publication for City Council proceedings of 10/20 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Lonnie Smothers for personal injury and John Young for vehicle damage. Suggested Disposition: Receive and File; Refer to City Attorney 3. Disposition of Claims City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Michelle Green for vehicle damage, Kortni Oliver for vehicle damage, Lonnie Smothers for personal injury, John Young for vehicle damage Suggested Disposition: Receive and File; Concur 4. Dubuque Main Street Award City Manager transmitting the Certificate of Recognition for the Dubuque Main Street Best Public Improvement Project award for the two-way street conversion project on Elm Street. Suggested Disposition: Receive and File 2 Yays Nays Braig Buol Connors Jones Lynch Resnick Sutton 5. Iowa 32 Bike/Hike Trail Phase 5 - Resource Enhancement and Protection (REAP) Grant Agreement City Manager recommending approval of the Fiscal Year 2015 Resource Enhancement and Protection (REAP) Grant Agreement for Phase 5 of the Iowa 32 Bike/Hike Trail. RESOLUTION 353-14Authorizing REAP Grant Agreement with the Iowa Department of Natural Resources for Phase 5 of the Iowa 32 Bike/Hike Trail Suggested Disposition: Receive and File; Adopt Resolution(s) 6. Alternative Services Concepts - Claims Service Contract City Manager recommending approval of the Claims Service Contract with Alternative Service Concepts and authorization for the City Manager to execute the contract. Suggested Disposition: Receive and File; Approve 7. Plat of Survey - Hancock Subdivision Zoning Advisory Commission recommending approval of the Plat of Survey for Hancock Subdivision (10126 Key West Drive) subject to waiving the lot area for Lot 2. RESOLUTION 354-14 Approving the Plat of Survey of Hancock Subdivision in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Pre -Annexation Agreement - John A. and Celeste R. Fischer City Manager recommending approval of a Pre -Annexation Agreement with John A. and Celeste R. Fisher in conjunction with their request for approval of the Plat of Survey of Hancock Subdivision in Dubuque County, which is within two miles of the City of Dubuque corporate limits. RESOLUTION 355-14 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa, and John A. and Celeste R. Fischer Suggested Disposition: Receive and File; Adopt Resolution(s) 3 Yays Nays Braig Buol Connors Jones Lynch Resnick Sutton 9. Dubuque Industrial Center South - Paving/Utilities - Phase II Acceptance City Manager recommending acceptance of the Dubuque Industrial Center South PCC Paving and Utilities, Phase II, as completed by Horsfield Construction, Inc. RESOLUTION 356-14 Approving a Housing Enterprise Zone Program agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Weaver Castle, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Iowa Department of Transportation Agreement for use of Local Agency Roads as a detour for US 52 Bridge Rehabilitation City Manager recommending approval for the Mayor to execute an agreement with the Iowa Department of Transportation for the use of local roads as an authorized detour route for the South Grandview Avenue at US 52 Overpass — Bridge Rehabilitation Project. RESOLUTION 357-14 Approving the Iowa Department of Transportation Agreement for Use of Local Agency Roads as Detours for the South Grandview at US 52 Overpass Bridge Rehabilitation Project Suggested. Disposition: Receive and File; Adopt Resolution(s) 11. State of Iowa Annual Financial Report for Fiscal Year 2014 City Manager recommending approval of the City of Dubuque's Fiscal Year 2014 Annual Financial Report. Suggested Disposition: Receive and File; Approve 4 Yays Nays 3 „/Graig ,,rBuol °'Connors 1 /Jones "Lynch Resnick Sutton 12. WBBW Holliday Stormwater Facilities Fee Agreement Assignment to Warrior Enterprises, LLC City Manager recommending approval of the Assignment of interest in the Stormwater Facilities Fee Agreement assigning WBBW Holliday Development, LLC's interest in Lot 1 of Holliday 6th Addition to the purchaser of that property, Warrior Enterprises, LLC. Suggested Disposition: Receive and File; Approve 13. ArtPlace America - Letter of Intent Fla -sit -NI - r -v ' AZA , `) City Manager recommending approval of the submittal of a Letter of Intent/Pre- Application prepared by Geri Schafer, Art Management Consultant and Economic Development Coordinator Megan Starr requesting ArtPlace America funding for the development and construction of Creative Commons, a 100' x 400' linear park to be located at 4th and Bell Streets in the Port of Dubuque. +c- strte - ('r1 Its, cz)rtvcq}a aha 9,r;or:-{,,, Suggested Disposition: Receive and File; Approve 3 ° 14. Iowa Mississippi River Parkway Commission (IMRPC) Iowa Mississippi River Parkway Commission submitting their Annual Report for 2013/2014. Suggested Disposition: Receive and File 15. Weaver Castle - Housing Enterprise Zone Agreement City Manager recommending approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Weaver Castle, LLC. RESOLUTION 358-14 Approving a Housing Enterprise Zone Program agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Weaver Castle, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Braig Buol Connors Jones Lynch Resnick Sutton 16. Unison Solutions - Capstone Microturbine Factory Protection Plan Agreement City Manager recommending approval of the Capstone Turbine Factory Protection Plan End User Agreement with Unison Solutions for the three 200kw microturbines located at the Water & Resource Recovery Center. Suggested Disposition: Receive and File; Approve 17. Improvement Contract(s)/Maintenance Bonds R&W Restoration, LLC for the 429 Rhomberg Demolition and Building Stabilization Project Suggested Disposition: Receive and File; Approve 18. Tobacco Compliance — Civil Penalty for Tobacco License Holder - 5 Star Tattoos City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for 5 Star Tattoos, 901 Rhomberg Avenue. Suggested Disposition: Receive and File; Approve 19. Alcohol License Applications City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. RESOLUTION 359-14 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits Suggested Disposition: Receive and File; Adopt Resolution(s) 6 PUBLIC HEARINGS SUSPEND THE RULES Yays Nays ,9 Braig Buol Connors 1 Jones Lynch Resnick Sutton - et -647c R ,4% �- - 1. Unified Development Code Text Amendment - Keeping of Hens Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend the Unified Development Code regarding the keeping of hens as a Conditional Use in the R-1 and R-2 Residential Districts and the Zoning Advisory Commission recommending approval. ORDINANCE 66-14 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, By Amending Article 16-8-5.10 Conditional Uses by eliminating the Keeping of Hens and Amending Articles 16-5-2-2 (R-1) And 16-5- 3-2 (R-2) to delete the Keeping of Hens for Egg Production as an Conditional Use in R-1 and R-2 Residential Districts. Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays of •✓Braig `,iBuol ‘,/-Connors ✓Jones `/Lynch v. -Resnick `,/Sutton Final Reading and Adopt Yays G ✓Braig Nays ✓Buol ,-Connors -•Jones ✓Lynch ✓Resnick ySutton 7 2. Iowa Greyhound Association Lease Proof of publication on notice of public hearing to consider the intent to dispose of a portion of the greyhound racing facility by lease to the Iowa Greyhound Association and the City Attorney recommending approval. RESOLUTION 360-14 Disposing of an interest in real property by lease with Iowa Greyhound Association. Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Yays Nays Nays Alraig ✓Buol ✓Buol --Connors - Connors Jones ✓Jones %/Lynch ,/'Lynch Resnick -Resnick ,,.mutton s'S`utton REINSTATE THE RULES Yays Nays c3 ,/Braig ✓Buol - Connors 1 ✓Jones ,/'Lynch f,. -Resnick s'S`utton 8 ACTION ITEMS 1. Sidewalk Installation - 480 Wartburg Place City Manager transmitting information on the sidewalk waiver request by Tim and Christine Conlon, owners of 480. Wartburg Race, and requesting City Council direction. Correspondence from Attorney Steve Juergens on behalf of the property owners. Suggested Disposition: Receive and File; Council Yays Nays r/Braig o/13uol 1'Connors ✓Jones .."Lynch ✓Resnick ,/'Sutton Ptrina-J-so‘ rr-,c786 o -V> Sc:)®kms.: --Seo far % �Jor Sp l.J CL s ^ 1.)dE L-.1 r, -- sp ®0t_.0. ; ^ c xX" �vl �- Spvka. Fc./ t-, C.-- 2. General Obligation Capital Loan Notes, Series 2014B and Taxable General Obligation Capital Loan Notes, Series 2014C City Manager recommending approval of the suggested proceedings for directing sale of $18,815,000 General Obligation Capital Loan Notes, Series 2014B and $7,615,000 Taxable General Obligation Capital Loan Notes, Series 2014C and awarding the Bonds to the best bidder. RESOLUTION 361-14 Directing sale of $18,815,000 General Obligation Capital Loan Notes, Series 2014B RESOLUTION 362-14 Directing sale of $7,615,000 Taxable General Obligation Capital Loan Notes, Series 2014C Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays „�Braig -uol ,/Connors ,ones , ynch „Resnick ,S'utton 10 3. Request to Schedule Inclusive Dubuque Work Session City Manager requesting that the City Council schedule the quarterly work session on Inclusive Dubuque for Monday, February 2, 2015, at 5:00 p.m. Suggested Disposition: Receive and File; Council Yays Nays ,--Braig 1-Buol ,-Connors /Jones „sLynch A./Resnick ✓S`utton 11 COUNCIL MEMBER REPORTS PUBLIC INPUT CLOSED SESSION @ - p.m. Pending Litigation, Property Acquisition and Collective Bargaining Pursuant to Chapter 21.5(1)(c), -(j) and 20.17 - Code of Iowa Yays Nays Nays Braig ✓Braig Buol "Buol Connors Jones ✓Connors Lynch ✓Jones Resnick ✓"Lynch Sutton ADJOURNMENT @ (p'•Sp.m. Yays Nays ✓Braig "Buol ✓Connors 1 ✓Jones ✓"Lynch Resnick Hutton 12